Licitação e corrupção: uma análise sob a nova lei nº 13.303/2016 para as empresas públicas e sociedades de economia mista

Abstract

Corruption in state-owned enterprises is one of the most relevant and discussed issues today. This problem caused the companies that were considered as national pride to be seen with different eyes, always associating a state management with the corruption present in the country. Because of these feelings, then, the need arises to devise means that can reverse the narrated situation, so that the intention of these companies will not continue to be distorted. This is how Law No. 13303/2016 came to establish a new regulatory statute for public companies and mixed economy companies, which came with the bias of renewing the rules applicable to these companies. Thus, the present study seeks to deepen the study of this legislation, so that the new mechanisms can be understood, as well as their effectiveness in relation to previously applicable procedures. To do so, it was necessary to make a brief survey of the historical evolution of the bidding procedures, concatenating the ideas to identify where such procedures were flawed. Thus, the existence of corruption in these companies was addressed, as the highlight of international mechanisms to combat such problem. Therefore, from the texts it is possible to reach a conclusion about the effectiveness of the new mechanisms present in the State Law, always linking such changes to the fight against corruption in this Companies.